Lupez and Lupez and Anor

This matter came before Stevenson J of the Family Court of Australia concerning an application filed by Ms Lupez against her husband, Mr Lupez, and a company, G Nominees Pty Limited. The wife sought spouse maintenance and an alteration of property interests. The dispute involved complex corporate structures, with the wife alleging the husband had access to substantial funds through various corporate entities, including G Nominees Pty Limited, of which he had become a co-director.

The primary legal issue before the court was whether the wife's applications should be dismissed for want of prosecution. The court was required to consider the wife's persistent failure to comply with court directions, including the production of documents, filing of affidavits, and preparation of a forensic accountant's report, as well as her repeated non-attendance at scheduled court events.

Stevenson J applied the principles of the Family Law Rules 2004, specifically concerning the dismissal of proceedings for want of prosecution. The court noted the significant difficulties experienced by both the docket Registrar and the judge in obtaining compliance from the wife. Despite multiple adjournments and clear directions, including written notice of the intention to dismiss the applications and the potential consequences of non-attendance, the wife failed to appear or provide any representation. The husband's solicitor indicated consent to the dismissal of all outstanding applications and responses.

Consequently, on 5 July 2012, Stevenson J ordered the dismissal of all outstanding applications and responses, removing the proceedings from the list of matters awaiting finalisation.